IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

TorrentFreak

JANUARY 29, 2024

The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. copyright law. In a complaint filed at a U.S.

Music 105

Music Cease and Desist Copyright Copyright Law 105

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No.

Music 52

Music Copyright Infringement Publishing Copyright 52

Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

Music 84

Music Copyright Copying Copyright Law 84

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

TorrentFreak

JANUARY 29, 2024

The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. copyright law. In a complaint filed at a U.S.

Music 82

Music Cease and Desist Copyright Copyright Law 82

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 85

Copyright Fair Use Public Domain Copying 85

TorrentFreak

MARCH 25, 2024

These industry groups draw a parallel between the impact Napster and BitTorrent had on music and movie sales, and the threat IA’s self-scanning library poses today. Internet Archive’s theory of fair use represents a threat just as grave.”

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. Acuff-Rose Music, Inc., Where a reasonable, identifiable audience recognizes new message and meaning, the transformativeness factor favors fair use.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

TorrentFreak

JANUARY 17, 2024

Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

Copyright 118

Copyright Derivative Work Fair Use Reporting 118

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Safe Harbour Principle ( Section 79 of IT Act,2000).

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. AI-generated music has also taken music platforms such as Spotify by storm.

Music 70

Music Social Media Copying Derivative Work 70

IP and Legal Filings

SEPTEMBER 29, 2021

Napster was an online platform used to download and access compressed digital music files in MP3 formats, making it one of the most popular peer to peer services in 1999. Napster gained immense popularity due to the fact that it was one of the most accessible services to use. The lawsuit, A&M Records, Inc. Napster Inc.,

Fair Use 52

Fair Use Music Copying Copyright 52

Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790.

Copyright 105

Copyright Law Fair Use Public Domain 105

Intepat

JANUARY 25, 2024

This article examines the crucial role of DRM systems, including Google’s Widevine and Apple’s FairPlay, in defending copyright laws. It also explores forensic watermarking, an essential component of DRM, crucial for identifying and curbing copyright violations.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

TorrentFreak

APRIL 11, 2023

Targeting Youtube-dl’s Host This episode was a massive setback for the music industry, which had been fighting stream-ripping tools for years. However, instead of laying down their arms, the music companies went after Uberspace , youtube-dl’s website hosting company in Germany. It’s a Microsoft-owned corporation.

Music 138

Music Fair Use Copyright Law Law 138

The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004.

Copyright 124

Copyright Intellectual Property Fair Use Copyright Law 124

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Music Art 105

The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”).

Fair Use 134

Fair Use Privacy Copyright Technology 134

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified.

Copyright 120

Copyright Copying Derivative Work Licensing 120

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

Fair Use 96

Fair Use Copyright Privacy Copying 96

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

IP and Legal Filings

JUNE 29, 2024

Entertainment, a company incorporated by the famous music composer, singer and lyrist Daler Mehndi, sought a permanent injunction prohibiting infringement of his publicity rights and deceptive endorsements that could result in passing off. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Kashishipr

MAY 25, 2021

A blog may contain an amalgamation of such rights since blogs do not merely utilize words and phrases but also videos, eBooks, music, etc. Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. Blogging and Fair Use. is being utilized?

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Within the case of CIT v.

Copyright 52

Copyright Intellectual Property Copying Music 52

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis.

Copyright 78

Copyright Copyright Infringement Music Copying 78